| What is the minimum contract value above which the public procurement law is applied? (Product type GOODS) |
SEK 100000. Contracting authorities are not obliged to document the implementation of a tender, or to maintain documentation sufficient to justify their decision during all stages of the procurement if the value of the contract is less than SEK 100,000 - the Law on Public Procurement makes no distinction between goods and services or works contracts. Different procedures and publicity requirements apply to different thresholds. Below EU thresholds, the following procedures apply: direct award, simplified procedure and selection procedure.
(Law No. 1145 of 2016 on Public Procurement, as amended in 2019, Chap. 5 §§ 1 and 2, Chap. 19 §§ 4-5, 30 and 39) |
| What is the minimum contract value above which the public procurement law is applied? (Product type WORKS) |
SEK 100000. Contracting authorities are not obliged to document the implementation of a tender, or to maintain documentation sufficient to justify their decision during all stages of the procurement if the value of the contract is less than SEK 100,000 - the Law on Public Procurement makes no distinction between goods and services or works contracts. Different procedures and publicity requirements apply to different thresholds. Below EU thresholds, the following procedures apply: direct award, simplified procedure and selection procedure.
(Law No. 1145 of 2016 on Public Procurement, as amended in 2019, Chap. 5 §§ 1 and 2, Chap. 19 §§ 4-5, 30 and 39) |
| What is the minimum contract value above which the public procurement law is applied? (Product type SERVICES) |
SEK 100000. Contracting authorities are not obliged to document the implementation of a tender, or to maintain documentation sufficient to justify their decision during all stages of the procurement if the value of the contract is less than SEK 100,000 - the Law on Public Procurement makes no distinction between goods and services or works contracts. Different procedures and publicity requirements apply to different thresholds. Below EU thresholds, the following procedures apply: direct award, simplified procedure and selection procedure.
(Law No. 1145 of 2016 on Public Procurement, as amended in 2019, Chap. 5 §§ 1 and 2, Chap. 19 §§ 4-5, 30 and 39
) |
| What are the minimum application thresholds for the procurement type? (Entity: PUBLIC SECTOR) |
SEK 100000. National procedures (direct award, simplified procedure and selection procedure) apply to contracts whose value is equal or higher than SEK 100,000. As of 2020, EU thresholds are: 1. EUR 139,000 or SEK 1,427,377 for goods and services contracts awarded by central contracting authorities (including specified contracts in the defence and security sector); 2. EUR 214,000 or SEK 2,197,545 for goods and services contracts awarded by non-central contracting authorities (including specified contracts in the defence and security sector); 3. EUR 5,350,000 or SEK 54,938,615 for works contracts.
(Law No. 1145 of 2016 on Public Procurement, as amended in 2019, Chap. 5 §§ 1 and 2, Chap. 19 §§ 4-5, 30 and 39
Announcement No. 8 of 2020 on threshold values in public procurement) |
| What are the minimum application thresholds for the procurement type? (Entity: UTILITIES) |
SEK 100000. National procedures (direct award, simplified procedure and selection procedure) apply to contracts whose value is equal or higher than SEK 100,000. In the utilities sector, as of 2020, EU thresholds are: EUR 214,000 or SEK 2,197,545 for goods and services, and EUR 5,350,000 or SEK 54,938,615 for works contracts. For concessions, applicable EU thresholds are: EUR 428,000 or SEK 4,395,089 for goods and services contracts and EUR 5,350,000 or 54,938,615 for works contracts.
(Law No. 1145 of 2016 on the Procurement in the Supply Sector, as amended in 2019, Chap. 5 §§ 1 and 2, Chap. 19 §§ 4-5, 30 and 39
Announcement No. 8 of 2020 on threshold values in public procurement) |
| What are the minimum application thresholds for the procurement type? (Entity: DEFENCE) |
SEK 1142723. Direct procurement may be used in the defende and security sector if the value of the contract amounts to a maximum of 26% of the EU threshold value applicable to the procurement of goods and services. In 2020, applicable EU thresholds are: 1. EUR 428,000 or SEK 4,395,089 for the procurement of goods and services; 2. EUR 5,350,000 or SEK 54,938,615 for the procurement of works. Therefore, the threshold amount for direct procurement is SEK 1,142,723.14.
(Law No. 1145 of 2016 on Public Procurement, as amended in 2019, Chap. 3 §§ 3 and 4
Law No. 1029 of 2011 on Procurement in the Field of Defense and Security, as amended in 2019, Chap. 15 §§ 3 and 20 and Chap. 3 § 1
Announcement No. 8 of 2020 on threshold values in public procurement) |
| What are the minimum application thresholds for the procurement type? (Product type GOODS) |
SEK 100000. Contracting authorities are not obliged to document the implementation of a tender, or to maintain documentation sufficient to justify their decision during all stages of the procurement if the value of the contract is less than SEK 100,000 - the Law on Public Procurement makes no distinction between goods and services or works contracts. Different procedures and publicity requirements apply to different thresholds. Below EU thresholds, the following procedures apply: direct award, simplified procedure and selection procedure.
(Law No. 1145 of 2016 on Public Procurement, as amended in 2019, Chap. 5 §§ 1 and 2, Chap. 19 §§ 4-5, 30 and 39) |
| What are the minimum application thresholds for the procurement type? (Product type WORKS) |
SEK 100000. Contracting authorities are not obliged to document the implementation of a tender, or to maintain documentation sufficient to justify their decision during all stages of the procurement if the value of the contract is less than SEK 100,000 - the Law on Public Procurement makes no distinction between goods and services or works contracts. Different procedures and publicity requirements apply to different thresholds. Below EU thresholds, the following procedures apply: direct award, simplified procedure and selection procedure.
(Law No. 1145 of 2016 on Public Procurement, as amended in 2019, Chap. 5 §§ 1 and 2, Chap. 19 §§ 4-5, 30 and 39) |
| What are the minimum application thresholds for the procurement type? (Product type SERVICES) |
SEK 100000. Contracting authorities are not obliged to document the implementation of a tender, or to maintain documentation sufficient to justify their decision during all stages of the procurement if the value of the contract is less than SEK 100,000 - the Law on Public Procurement makes no distinction between goods and services or works contracts. Different procedures and publicity requirements apply to different thresholds. Below EU thresholds, the following procedures apply: direct award, simplified procedure and selection procedure.
(Law No. 1145 of 2016 on Public Procurement, as amended in 2019, Chap. 5 §§ 1 and 2, Chap. 19 §§ 4-5, 30 and 39) |
| Is there a requirement that tender documents must published in full? |
Yes. The contracting authority shall, when announcing a procurement, pre-announcing and announcing a project competition by electronic means, provide free, direct, and complete access to the procurement documents from the day the advertisement is published. The Internet address where the documents are available must be stated in the advertisement. Should that not be possible, the authority shall state in the advertisement how the suppliers can gain access to the document in some other way. The contracting authority shall in the procurement documents: 1. determine the object of the procurement by describing the authority's needs and what is required in terms of properties of the goods, services or construction contracts to be procured; 2. state what in the description constitutes the minimum requirements that all tenders must meet; and 3. specify the criteria for the award of the contract. The information provided in the procurement documents must be sufficient for a supplier to be able to assess the nature and scope of the procurement and thus be able to decide whether it should apply to participate in the procedure.
(Law No. 1145 of 2016 on Public Procurement, as amended in 2019, Chap. 1 § 23 and Chap. 6 § 7 and Chap. 10 § 7
Law No. 1145 of 2016 on the Procurement in the Supply Sector, as amended in 2019, Chap. 10 § 8
Law No. 1029 of 2011 on Procurement in the Field of Defense and Security, as amended in 2019, Chap. 9 § 8) |
| Are any of these documents published online at a central place? |
No. There exists no central public procurement platform managed by the state. Private databases, such as https://www.opic.com/, exist and can potentially be helpful to bidders. As the latest development, a motion (2020/21: 156) was submitted in Parliament by Hampus Hagman (KD), in September 2020, to give the Procurement Authority the task of developing a state platform for all public procurement and announces this to the Government.
|
| Is it mandatory to keep all of these records?
-Public notices of bidding opportunities,
-Bidding documents and addenda,
-Bid opening records,
-Bid evaluation reports,
-Formal appeals by bidders and outcomes,
-Final signed contract documents and addenda and amendments,
-Claims and dispute resolutions,
-Final payments,
-Disbursement data (as required by the country’s financial management system) |
Yes. When a procurement has been completed, a contracting authority shall satisfactorily store tender applications and tenders with accompanying descriptions, models and drawings as well as tender lists, summaries, such documents referred to in section 14, the individual report pursuant to section 15 and similar documents. The documents must be preserved for at least four years from the date on which the contract was awarded. The contracting authority shall also preserve the contract or framework agreement that has been entered into after procurement in accordance with the Law on Public Procurement. The contract or framework agreement must be maintained at least during its term. A contracting authority shall document the implementation of a procurement, in such a way that it is sufficient to justify the authority's decision during all stages of the procurement.
(Law No. 1145 of 2016 on Public Procurement, as amended in 2019, Chap. 12 §§ 14, 15 and 17
Law No. 1145 of 2016 on the Procurement in the Supply Sector, as amended in 2019, Chap. 12 § 14, 15 and 16
Law No. 1029 of 2011 on Procurement in the Field of Defense and Security, as amended in 2019, Chap. 10 § 13) |
| Are contracts awarded within a framework agreement published (ie mini contracts)? |
No. It is not mandatory for contracts awarded on the basis of a framework agreement to be published.
(Law No. 1145 of 2016 on Public Procurement, as amended in 2019, Chap. 10 § 4
Law No. 1145 of 2016 on the Procurement in the Supply Sector, as amended in 2019, Chap. 10 § 5
Law No. 1029 of 2011 on Procurement in the Field of Defense and Security, as amended in 2019, Chap. 8 § 3) |
| Is it mandatory to publish information on subcontractors (ie names) in some cases? |
No. The contracting authority may request a supplier to submit information on: 1. whether and, if so, how much of the contract that the supplier may fulfill by outsourcing to someone other than the supplier; and 2. which subcontractors the supplier intends to engage in the performance of the contract in that part. This request must be stated in the procurement documents. The contracting authority shall require that the supplier who has been awarded a construction or works contract, or a services contract to be provided at a facility under the direct supervision of the authority, states the names and contact details of the subcontractors engaged and of the legal representatives of the subcontractors. The information must be provided before the supplier begins to fulfill the contract. However, there is no indication in the Law on Public Procurement that such information must be published.
(Law No. 1145 of 2016 on Public Procurement, as amended in 2019, Chap. 17 §§ 6 and 7
Law No. 1145 of 2016 on the Procurement in the Supply Sector, as amended in 2019, Chap. 16 §§ 6 and 7
Law No. 1029 of 2011 on Procurement in the Field of Defense and Security, as amended in 2019, Chap. 14 § 2) |
| If yes, what is the threshold for publication (i.e. the % of total contract value subcontracted)?
For example, if the threshold is 75%, and you have subcontracted out only 40% of your contract, no disclosure is required. Consultant will insert 75% in the short answer column. |
General.
|
| Is there a ban on mentioning specific companies or brands in tender specification/call for tender? |
Yes. If it leads to certain suppliers being favored or disadvantaged, the technical specifications may not contain references to a make, origin or method of manufacture that characterizes goods or services provided by a particular supplier, trademark, patent or type origin or manufacture. However, such references may occur if it is justified by what is to be acquired or it is otherwise not possible to describe what is to be acquired sufficiently clearly. Such reference shall be followed by the words "or equivalent".
(Law No. 1145 of 2016 on Public Procurement, as amended in 2019, Chap. 9 § 6
Law No. 1145 of 2016 on the Procurement in the Supply Sector, as amended in 2019, Chap. 9 § 6
Law No. 1029 of 2011 on Procurement in the Field of Defense and Security, as amended in 2019, Chap. 7 § 4) |
| Is there a preferential treatment for small-to-medium enterprises (SMEs)? |
No.
|
| Is there a preferential treatment for local/national companies? (companies from other EU MS are considered foreign companies) |
No. Contracting authorities shall treat suppliers in an equal and non-discriminatory manner and carry out procurements in a transparent manner. Procurement must also be carried out in accordance with the principles of mutual recognition and proportionality. A tender procedure may not be designed for the purposes of excluding evading the scope of application of the Law on Public Procurement, nor may it be designed for the purpose of restricting competition so that certain suppliers benefit or are disadvantaged in an improper manner.
(Law No. 1145 of 2016 on Public Procurement, as amended in 2019, Chap. 4 § 1
Law No. 1145 of 2016 on the Procurement in the Supply Sector, as amended in 2019, Chap. 9 § 6
Law No. 1029 of 2011 on Procurement in the Field of Defense and Security, as amended in 2019, Chap. 4 § 1) |
| Is there a specific set of rules for green/sustainable procurement? |
Yes. A contracting authority should take environmental considerations into account in public procurement if the nature of the procurement justifies this. Performance or functional requirements of a contract may include environmental properties. Non-compliance with environmental obligations on the part of bidders constitutes valid grounds for tenderer exclusion. Moreover, if a supplier's tender does not comply with applicable environmental law obligations, the contracting authority may decide that the supplier shall not be awarded the contract.
(Law No. 1145 of 2016 on Public Procurement, as amended in 2019, Chap. 4 § 3, Chap. 9 § 3, Chap. 13 § 3, Chap. 15 § 15 and Chap. 16 §§ 4, 5 and 9
Law No. 1145 of 2016 on the Procurement in the Supply Sector, as amended in 2019, Chap. 4 § 3, Chap. 9 § 3, Chap. 13 § 3, Chap. 14 § 19 and Chap. 15 §§ 4, 5 and 9
Law No. 1029 of 2011 on Procurement in the Field of Defense and Security, as amended in 2019, Chap. 7 § 12) |
| Are there restrictions on allowable grounds for tenderer exclusion? |
Yes. Main grounds for mandatory exclusion include: 1. conviction for participation in criminal organisations, bribery, fraud, money laundering or terrorist financing, terrorist offenses or offenses related to terrorist activities, human trafficking; and 2. no-compliance with obligations regarding payment of taxes or social security contributions in the bidder's own country or in the country where the procurement takes place. Discretionary exclusion can happen if: 1. the supplier has breached applicable environmental, social or employment law obligations; 2. the supplier: a) is bankrupt or is subject to insolvency or liquidation proceedings; b) is subject to compulsory administration; c) has entered into a composition agreement with creditors, or d) has discontinued its business activities or is in a similar situation as a result of a procedure under national laws and other regulations; 3. the supplier is guilty of professional misconduct; 4. sufficiently probable indications exist that the supplier has entered into agreements with other suppliers aimed at distorting competition; 5. the supplier has shown serious or persistent deficiencies in the fulfillment of any significant requirement in a previous public contract; 6. the authority cannot avoid distortion of competition or can not guarantee equal treatment of suppliers due to non-compliance and this can not be remedied by less intrusive measures than exclusion of the supplier; 7. the authority by other less intrusive measures than exclusion of the supplier cannot can remedy a distortion of competition due to previous participation on the part of the supplier; 8. the supplier to a serious extent: a) has provided incorrect information; b) has withheld such information; or c) has not submitted the supplementary documents that the authority has requested; or 9. the supplier has unduly attempted to influence the contracting authority's decision-making process or acquire confidential information which may give the supplier undue advantage in the procurement or has negligently provided misleading information which may have a material effect on the decisions taken during the procurement suppliers, selection of suppliers that can be awarded contracts and award of contracts. The contracting authority always gives the bidder the opportunity to comment before excluding them. Importantly, the contracting authority may refrain from complying with an obligation to exclude a supplier, if this is justified by overriding reasons in the public interest.
(Law No. 1145 of 2016 on Public Procurement, as amended in 2019, Chap. 13 §§ 1-8 and Chap. 19 § 18
Law No. 1145 of 2016 on the Procurement in the Supply Sector, as amended in 2019, Chap. 13 §§ 1-8
Law No. 1029 of 2011 on Procurement in the Field of Defense and Security, as amended in 2019, Chap. 11 §§ 1 and 2) |
| Are some bids automatically excluded? e.g., lowest/highest price; unusually low price, etc. |
No. If a tender appears to be abnormally low, the contracting authority shall request the supplier to explain the low price or cost. The authority shall reject the tender if the supplier has not satisfactorily explained the low price or cost. A contracting authority must also reject a supplier's tender if it finds that the abnormally low price is due to the tender not complying with applicable environmental, social or labor law obligations.
(Law No. 1145 of 2016 on Public Procurement, as amended in 2019, Chap. 16 § 7 and Chap. 19 § 27
Law No. 1145 of 2016 on the Procurement in the Supply Sector, as amended in 2019, Chap. 15 § 7 and Chap. 19 § 27
Law No. 1029 of 2011 on Procurement in the Field of Defense and Security, as amended in 2019, Chap. 13 § 3) |
| Is scoring criteria published? |
Yes. When the basis for evaluation of tenders is the best relationship between price and quality or cost, the award criteria shall be weighted among themselves. They may be weighted at intervals with a suitable maximum allowable spread. If the criteria cannot be weighted, the authority shall take them into account through a priority order. The authority must state in one of the procurement documents how the criteria are to be weighted or which order of priority is to be applied.
(Law No. 1145 of 2016 on Public Procurement, as amended in 2019, Chap. 16 § 6 and Chap. 19 § 26
Law No. 1145 of 2016 on the Procurement in the Supply Sector, as amended in 2019, Chap. 15 § 6 and Chap. 19 § 26
Law No. 1029 of 2011 on Procurement in the Field of Defense and Security, as amended in 2019, Chap. 13 §§ 1-2) |
| Are decisions always made by a committee? |
No.
|
| Are there regulations on evaluation committee composition to prevent conflict of interest? |
No. There are no regulations to prevent conflicts of interest in the public procurement legislation, other than what follows from the general principles for public procurement. However, according to the Administrative Procedure Act (1986:223), general rules for the prevention of conflict of interests exist for all persons holding public office.
|
| Is some part of evaluation committee mandatorily independent of contracting authority? |
No.
|
| Are scoring results publicly available? |
No.
|
| Does the law specify under which conditions the tender can be cancelled? |
No. The Law on Public Procurement only establishes that a written notice must be provided to the candidates and tenderers as soon as possible when the authority decides to cancel a procurement following a call for tenders and in the event of a decision to reopen a procurement. Such notification shall state the reasons for the decision. Nevertheless, the Law does not specify conditions for tender cancellation.
(Law No. 1145 of 2016 on Public Procurement, as amended in 2019, Chap. 12 § 12
Law No. 1145 of 2016 on the Procurement in the Supply Sector, as amended in 2019, Chap. 12 § 12) |
| Does the law specify the location for publicizing open calls for tenders? |
No. The Law on Public Procurement loosely speaks of the requirement to publish notices in an advertisement database that is registered in accordance with the Act (2019: 668) on Procurement Statistics. However, such a database does not exist/is not working yet. Moreover, there are no mentions to the Official Journal of the European Union, for notice advertisement of contracts above EU thresholds.
(Law No. 1145 of 2016 on Public Procurement, as amended in 2019, Chap. 10 § 5a and Chap. 19 § 13
Law No. 1145 of 2016 on the Procurement in the Supply Sector, as amended in 2019, Chap. 10 § 6a and Chap. 19 § 13
Law No. 1029 of 2011 on Procurement in the Field of Defense and Security, as amended in 2019, Chap. 8 § 5 and Chap. 15 § 7a) |
| Does the law specify the location for publicizing restricted calls for tenders? |
No.
|
| Does the law specify the location for publicizing negotiated calls for tenders? |
No.
|
| What is the minimum number of bidders for restricted procedures? |
General. General procurement: 5; Utilities: not mentioned; and Defence: 3
(Law No. 1145 of 2016 on Public Procurement, as amended in 2019, Chap. 4 § 7
Law No. 1029 of 2011 on Procurement in the Field of Defense and Security, as amended in 2019, Chap. 12 §§ 3-4) |
| What is the minimum number of bidders for negotiated procedures? |
General. General procurement: 3; Utilities: not mentioned; and Defence: 3
(Law No. 1145 of 2016 on Public Procurement, as amended in 2019, Chap. 4 § 7
Law No. 1029 of 2011 on Procurement in the Field of Defense and Security, as amended in 2019, Chap. 12 §§ 3-4) |
| What is the minimum number of bidders for competitive dialogue procedures? |
General. General procurement: 3; Utilities: not mentioned; and Defence: 3
(Law No. 1145 of 2016 on Public Procurement, as amended in 2019, Chap. 4 § 7
Law No. 1029 of 2011 on Procurement in the Field of Defense and Security, as amended in 2019, Chap. 12 §§ 3-4) |
| What are the minimum number of days for open procedures? |
General. In open proceedings, the time limit for submitting a tender shall be at least 35 days from the day when the advertisement for the procurement was sent for publication. If due to lack of time it is not possible to apply the deadlines specified in chapter 11 of the Law on Public Procurement, an accelerated procedure applies, in which case the time limit for submitting tenders is set at least 15 days from the date on which the advertisement for the procurement was sent for publication.
(Law No. 1145 of 2016 on Public Procurement, as amended in 2019, Chap. 11 §§ 2 and 10
Law No. 1145 of 2016 on the Procurement in the Supply Sector, as amended in 2019, Chap. 11 §§ 2, 6 and 10 ) |
| What are the minimum number of days for restricted procedures? |
General. In the case of a restricted procedure and a negotiated procedure with prior notice, the time limit for the submission of tenders shall be at least 30 days from the date on which the invitation to tender was sent to selected candidates. If, due to lack of time, it is not possible to apply the deadlines specified in chapter 11 of the Law on Public Procurement, an accelerated procedure applies, in which case the time limit for submitting tender applications in a selective (restricted) procedure and negotiated procedure with prior announcement may be set at at least 15 days from the date of the advertisement if the procurement was sent for publication, and at at least 10 days, from the day when the invitation to submit tenders was sent to selected candidates, for submission of tenders. Different deadlines apply in the defence and security sector.
(Law No. 1145 of 2016 on Public Procurement, as amended in 2019, Chap. 11 §§ 3 and 10
Law No. 1145 of 2016 on the Procurement in the Supply Sector, as amended in 2019, Chap. 11 §§ 3, 5 and 10
Law No. 1029 of 2011 on Procurement in the Field of Defense and Security, as amended in 2019, Chap. 9 §§ 1-5) |
| What are the minimum number of days for competitive negotiated procedures? |
General. In the case of a restricted procedure and a negotiated procedure with prior notice, the time limit for the submission of tenders shall be at least 30 days from the date on which the invitation to tender was sent to selected candidates. If, due to lack of time, it is not possible to apply the deadlines specified in chapter 11 of the Law on Public Procurement, an accelerated procedure applies, in which case the time limit for submitting tender applications in a selective (restricted) procedure and negotiated procedure with prior announcement may be set at at least 15 days from the date of the advertisement if the procurement was sent for publication, and at at least 10 days, from the day when the invitation to submit tenders was sent to selected candidates, for submission of tenders. Different deadlines apply in the defence and security sector.
(Law No. 1145 of 2016 on Public Procurement, as amended in 2019, Chap. 11 §§ 3 and 10
Law No. 1145 of 2016 on the Procurement in the Supply Sector, as amended in 2019, Chap. 11 §§ 3, 5 and 10
Law No. 1029 of 2011 on Procurement in the Field of Defense and Security, as amended in 2019, Chap. 9 §§ 1-5) |
| Does the law specify the main EXCEPTIONS preventing the application of the public procurement law for tenders/organisations? |
Yes. Main exceptions include: 1. utilities, postal and defence services are excluded from the scope of the Law on Public Procurement, but covered by their respective special legislation; 2. contracts concerning communication network and electronic communication service; 3. procurement according to certain international rules; 4. contracts which are wholly or partly financed by an international organization or an international financial institution; 5. service contracts awarded on the basis of exclusive rights; 6. internal procurement; 7. contracts between contracting authorities; 8. contracts related to the acquisition of property, tenancy law, etc.; 9. contracts concerning media services, such as radio and tv, and broadcasting; 10. arbitration; 11. legal services; 12. financial services; 13. employment contracts; 14. specified services in the fields of civil defense, civil protection and danger prevention; 14. political campaigns; and 15. contracts relating to public transport by rail, metro or water. Other exceptions apply to the defence sector.
(Law No. 1145 of 2016 on Public Procurement, as amended in 2019, Chap. 3
Law No. 1145 of 2016 on the Procurement in the Supply Sector, as amended in 2019, Chap. 3
Law No. 1029 of 2011 on Procurement in the Field of Defense and Security, as amended in 2019, Chap. 1 §§ 7-10) |
| Does the law specify the main types of institutions that must apply the public procurement law? |
Yes. For the purposes of the Law on Public Procurement, an authority shall be equated with: 1. a decision-making assembly in a municipality or a region; 2. a publicly controlled body referred to in section 18; and 3. an association of: a) one or more of the previously mentioned authorities o assemblies; or b) one or more bodies according to 2.
(Law No. 1145 of 2016 on Public Procurement, as amended in 2019, Chap. 1 §§ 18A and 22A
Law No. 1145 of 2016 on the Procurement in the Supply Sector, as amended in 2019, Chap. 1 §§ 17A, 22 and 23
Law No. 1029 of 2011 on Procurement in the Field of Defense and Security, as amended in 2019, Chap. 2 §§ 19, 25 and 26) |
| Does the law specify the main procedure types or procurement methods permitted? |
Yes. In public procurement, under the conditions and in the manner specified in the Law on Public Procurement, the following procurement procedures may be used: 1. open procedure (except in the defence sector); 2. selective (restricted) procedure; 3. negotiated procedure with prior announcement; 4. negotiated procedure without prior announcement; 5. competitive dialogue, or 6. procedure for establishing innovation partnerships (except in the defence sector). Additionally, direct award, simplified procedure and selection procedure apply to contracts below EU thresholds.
(Law No. 1145 of 2016 on Public Procurement, as amended in 2019, Chap. 6 § 1 and Chap. 19 §§ 4, 5 and 6
Law No. 1145 of 2016 on the Procurement in the Supply Sector, as amended in 2019, Chap. 6 § 1 and Chap. 19 § 7
Law No. 1029 of 2011 on Procurement in the Field of Defense and Security, as amended in 2019, Chap. 15 § 3 and Chap. 4 § 1) |
| Is there a procurement arbitration court dedicated to public procurement cases? |
No. The General Administrative Court - not a specialised court in public procurement - may review a tender and the validity of an agreement that has been concluded between a contracting authority and a supplier. Jurisdiction is further determined on the basis of the contracting authority's jurisdiction.
(Law No. 1145 of 2016 on Public Procurement, as amended in 2019, Chap. 20 §§ 4 and 5
Law No. 1145 of 2016 on the Procurement in the Supply Sector, as amended in 2019, Chap. 20 §§ 4 and 5
Law No. 1029 of 2011 on Procurement in the Field of Defense and Security, as amended in 2019, Chap. 16 §§ 4 and 5) |
| Is there a procurement regulatory body dedicated to public procurement? |
Yes. The Swedish Competition Authority
(Law No. 1145 of 2016 on Public Procurement, as amended in 2019, Chap. 21 § 1
Law No. 1145 of 2016 on the Procurement in the Supply Sector, as amended in 2019, Chap. 21 § 1
Law No. 1029 of 2011 on Procurement in the Field of Defense and Security, as amended in 2019, Chap. 18 § 1
Ordinance No. 1117 of 2007, as amended in 2019, §§ 1 and 3 (2)) |
| Does the law specify procurement advisors' profession (i.e. degree to be obtained, official list of members of the professional association) and its role in the tendering process (e.g. right to draft tender documentations, conduct market research identifying bidders)? |
No.
( ) |
| Is disclosure of final, beneficial owners required for placing a bid? |
No.
|
| Is there a fee for arbitration procedure? |
No. The Law on Public Procurement is silent about payment of fees.
|
| Is there a ban on contract signature until arbitration court decision (first instance court)? |
Yes. If an application for review of a procurement has been made, the prohibition to conclude a contract (contract lock, according to Chap. 20 § 1 or 3 of the Law on Public Procurement) continues to apply during the proceedings in the Administrative Court (extended contract lock). The court may decide that no extended contractual lock shall apply.
(Law No. 1145 of 2016 on Public Procurement, as amended in 2019, Chap. 20 §§ 1, 2, 3 and 8
Law No. 1145 of 2016 on the Procurement in the Supply Sector, as amended in 2019, Chap. 20 §§ 1, 2, 3 and 8
Law No. 1029 of 2011 on Procurement in the Field of Defense and Security, as amended in 2019, Chap. 16 §§ 1, 2, 3 and 8) |
| What is the maximum number of days until arbitration court decision from filing a complaint in the case of awarded contracts? |
N/S. Maximum number of days is not regulated.
|
| Is there a requirement to publicly release arbitration court decisions ? |
No. No mandatory public release. However, in practice, the Swedish Competition Authority publish all decisions in its website: https://www.konkurrensverket.se/en/publications-and-decisions1/
|
Sweden
46(66) Political Financing 
12(53) Financial Disclosure 
28(37) Conflict of Interest 
59(59) Freedom of Information 
50(62) Public Procurement